§62-11B-9. Violation of order of home incarceration procedures;
penalties.

(a) If, at any time during the period of home incarceration,
there is reasonable cause to believe that a participant in a home
incarceration program has violated the terms and conditions of the
circuit court's home incarceration order, he or she is subject to
the procedures and penalties set forth in section ten, article
twelve of this chapter.

(b) If, at any time during the period of home incarceration,
there is reasonable cause to believe that a participant sentenced
to home incarceration by the circuit court has violated the terms
and conditions of the court's order of home incarceration and the
participant's participation was imposed as an alternative sentence
to another form of incarceration, the participant is subject to the
same procedures involving confinement and revocation as would a
probationer charged with a violation of the order of home
incarceration. Any participant under an order of home
incarceration is subject to the same penalty or penalties, upon the
circuit court's finding of a violation of the order of home
incarceration, as he or she could have received at the initial
disposition hearing: Provided, That the participant shall receive
credit towards any sentence imposed after a finding of violation
for the time spent in home incarceration.

(c) If, at any time during the period of home incarceration,
there is reasonable cause to believe that a participant sentenced to home incarceration by a magistrate has violated the terms and
conditions of the magistrate's order of home incarceration as an
alternative sentence to incarceration in jail, the supervising
authority may arrest the participant upon the obtaining of an order
or warrant and take the offender before a magistrate within the
county of the offense. The magistrate shall then conduct a prompt
and summary hearing on whether the participant's home incarceration
should be revoked. If it appears to the satisfaction of the
magistrate that any condition of home incarceration has been
violated, the magistrate may revoke the home incarceration and
order that the sentence of incarceration in jail be executed. Any
participant under an order of home incarceration is subject to the
same penalty or penalties, upon the magistrate's finding of a
violation of the order of home incarceration, as the participant
could have received at the initial disposition hearing: Provided,
That the participant shall receive credit towards any sentence
imposed after a finding of violation for the time spent in home
incarceration.